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Journal : Constitutionale

The Code of Ethics and Disciplinary Management of Political Parties Member Kausar Jumahir Lesen; Muhtadi Muhtadi; Martha Riananda
Constitutionale Vol. 3 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v3i2.2633

Abstract

Violation of the law which includes ethical violations is actually an act contrary to the ethical rules of regulations for members of political parties. Still, these violations indicate an increase in public officials from political parties. As such, it is interesting to research how to determine the model of the code of ethics for members of political parties. It includes members of political parties who are involved as well as public officials. The type of research used in this article is normative-empirical with a statutory approach and is supported by field research. The data obtained were then analyzed qualitatively. The results of the research and discussion show that the enforcement of the code of ethics and party discipline is carried out through prevention and prosecution efforts. Prevention efforts are carried out through continuous guidance for ordinary members, members, and party cadres by the party honors division at each level of the party leadership council. Meanwhile, efforts to take action are carried out by the party ethics and disciplinary committee formed by the DPP, which is tasked with examining and proving any alleged violations of the party's code of ethics and discipline by party members. The party ethics and disciplinary committee is authorized to examine and provide recommendations on whether party members are guilty of violating the code of ethics and/or party discipline on the basis of reports, complaints, or information.
Gender Equality in Law Number 4 of 2019 Concerning Midwifery as a Fulfillment of Citizens' Constitutional Rights : Comparative Study of Indonesia and the Netherlands Angraini, Monica Viny; Hasyimzum, Yusnani; Riananda, Martha
Constitutionale Vol 4 No 2 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v4i2.3138

Abstract

Legal protection of human rights (HAM) is sought to avoid discriminatory acts, especially the midwifery sector as the fulfillment of basic rights inherent and protected by the constitution as stipulated in article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia which states that every citizen has the right to work and a decent living for humanity. Thus violating the right to obtain work between men and women is a violation of human rights. However, Law Number 4 of 2019 Concerning Midwifery contains elements of discrimination in the midwifery profession, where men cannot become midwives, only limited to becoming obstetricians. Meanwhile, women have the freedom to choose to become midwives or obstetricians. The discrimination contained in the Midwifery Law needs to be analyzed from the perspective of the 1945 Constitution, as well as comparing regulations with the Netherlands to be able to describe the problem in depth. This research uses a normative-empirical legal method, which is a research method that will be studied combining 2 elements, namely normative legal elements and empirical legal elements. Normative law is based on literature data such as books in legal science literature, doctrines or expert opinions, scientific papers, articles, and journals, legislation and internet pages related to the problems in this study with author that can be accounted for. Empirical law is carried out based on field data as the main data source, which is generated through interviews with several informants related to the problems in this study. The results show that the formation of Law Number 4 of 2019 concerning Midwifery is considered contrary to some of the contents of the articles contained in the 1945 Constitution of the Republic of Indonesia, and the development of midwifery regulations in Indonesia needs to follow the example of the Netherlands by continuing to make men able to work as midwives, provided that the patient's consent is obtained.